Enforcement of the Food Safety and Hygiene (England) Regulations 2013
Enforcement of the Food Safety and Hygiene (England) Regulations 2013

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Enforcement of the Food Safety and Hygiene (England) Regulations 2013
  • Who enforces the food safety and hygiene regulations?
  • The principal enforcement measures
  • Guidance on exercising powers of enforcement
  • Powers of entry
  • Entry of premises by warrant
  • Power to inspect, seize and detain records
  • Power of seizure and detention of suspect food
  • Procurement and analysis of samples
  • Hygiene improvement notices
  • more

Who enforces the food safety and hygiene regulations?

Under the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996, the nature of the food business will determine the enforcement body.

The Food Standard Agency (FSA) is responsible for enforcement in approved or conditionally approved slaughterhouses, cutting plants and game-handling establishments.

Food authorities, eg local authorities, are responsible for enforcement in approved stand-alone cold stores, re-wrapping establishments and establishments that produce meat products, minced meat, meat preparation and fishery products.

The principal enforcement measures

FSH(E)R 2013, SI 2013/2996 give extensive powers to an officer authorised by the FSA or by food authorities to enforce what are collectively known as the Hygiene Regulations.

The Hygiene Regulations comprise FSH(E)R 2013, SI 2013/2996 and what are collectively known as the EU Hygiene Regulations (as specified in FSH(E)R 2013, SI 2013/2996, reg 2(1)).

The principal powers of enforcement are:

  1. entry and inspection of premises

  2. seizure and detention of suspect food

  3. hygiene improvement notices

  4. emergency hygiene prohibition notices and orders, and

  5. remedial action and detention notices

Guidance on exercising powers of enforcement

The FSA has drawn up a code of practice (the Food Law Code of Practice) for local authorities on the execution and enforcement of the Hygiene Regulations.

The Secretary of State may issue codes of recommended practice as regards the execution and enforcement of